McCartney v Strathfield Group Limited [2004] NSWIRComm 116

Industrial Relations Commission of New South Wales

CITATION : McCartney v Strathfield Group Limited [2004] NSWIRComm 116 APPLICANT Rodney McCartney PARTIES : RESPONDENT Strathfield Group Limited t/as Strathfield Car Radios FILE NUMBER: 4850 of 2003 CORAM: Marks J CATCHWORDS : Interlocutory judgment - offer of compromise - applicant accepted respondent's principal offer but rejected costs offer - whether applicant thereby entitled to order for costs - offer of compromise inclusive of costs has no effect - applicant to pay respondent's costs of interlocutory application LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Associated Confectionary (Aust) v Mineral and Chemical Traders Pty Ltd (1991) 25 NSWLR 349 Gibbons as official liquidator of Deemah Marble and Granite Pty Ltd (in liq) v Deputy Commissioner of Taxation [2003] NSWSC 1126 HEARING DATES: 05/04/2004 DATE OF JUDGMENT: 05/14/2004

APPLICANT Mr Perry of Counsel Solicitor: Mr M Fishburn Fishburn Watson O'Brien Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr R F Crow of Counsel Solicitor: Ms A Scott Workplace Law

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Friday 14 May 2004 Matter No IRC 4850 of 2003 RODNEY McCARTNEY v STRATHFIELD GROUP LIMITED t/as STRATHFIELD CAR RADIOS Application under s 106 of the Industrial Relations Act 1996 INTERLOCUTORY JUDGMENT ON OFFER OF COMPROMISE NSWIRComm 116